Terms of service

Please make yourself familiar with the Terms of Service below, as well as our Booking Rules, House Rules, Privacy Policy, and Good Neighbor Policy, which are incorporated into these Terms of Service by reference.

Welcome to the Terms of Service (these "Terms") for the website, https://www.nomadstay.com/ (the "Website"), and the related mobile applications (the "App") operated on behalf of A step in, Inc. ("Company," "we," or "us"). The Website, App, and any content, tools, features, and functionality offered on or through our Website and App are collectively referred to as the "Services".

These Terms govern your access to and use of the Services. Please read these Terms carefully, as they contain important information about your legal rights. By accessing and/or using the Services, you agree to these Terms. If you do not understand or agree to these Terms, please do not use the Services.

For purposes of these Terms, "you" and "your" means you as the user of the Services. If you use the Services on behalf of a company or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on the entity's behalf.

Section 9 contains an arbitration clause and class action waiver. By agreeing to these Terms, you agree (a) to resolve all disputes with us related to the Services through binding individual arbitration, which means that you waive any right to have those disputes decided by a judge or jury, and (b) to waive your right to participate in class actions, class arbitrations, or representative actions in connection with your use of the Services. The arbitration clause is governed by federal law. You have the right to opt-out of arbitration as explained in Section 9.

1. Who May Use the Services

To become a Nomad Stay member and access the Services, you must be 18 years of age or older, as this is the age of legal majority in Spain. Guests of Nomad Stay members who are 16 years of age or older may utilize certain features of the Services but are not eligible to become Nomad Stay members or book experiences. Certain Services may have additional requirements, such as higher age restrictions. You are prohibited from using the Services if you are under any embargo or sanction issued by the European Union or Spain, or if you are involved in activities recognized as terrorist-related by the Spanish Government or the European Union. By using the Services, you represent and warrant that you meet these requirements.

2. User Accounts and Subscriptions

2.1. Account Creation and Security. To utilise the Services, you must create an account or link it to another account, such as your Apple, Facebook, or Google account ("Account"). You agree to provide accurate, complete, and up-to-date information for your Account. Accessing, editing, and updating your Account can be done by clicking on the "Profile" menu within the App. You are solely responsible for any activities on your Account and for maintaining the confidentiality and security of your password. We cannot be held liable for any actions or oversights on your part related to your Account. If you become aware or have reason to suspect that your Account or password has been stolen, misused, compromised, or if there is any actual or suspected unauthorized use of your Account, please notify us immediately at Legal@Boundra.es. You agree not to create a new Account if your previous Account was removed or if you were previously banned from any of our Services, unless we provide written consent otherwise.

2.2. Subscription Renewals and Cancellations. By purchasing a subscription, you acknowledge that your subscription will automatically renew at the frequency specified on your subscription page (or, if unspecified, on a yearly basis) at the prevailing rates. Your payment method will be automatically charged at the beginning of each new subscription period for the applicable fees and taxes. To avoid future subscription charges, you must cancel your subscription prior to the renewal date by signing into your Account on the App, navigating to "Subscription" under the "Profile" menu, and clicking the "Cancel" button.

2.3. Subscription Payment. When purchasing or subscribing to any of our paid Services, you agree to pay the applicable fees and taxes in Euros (€). Failure to pay these fees and taxes will result in the termination of your access to the paid Services. By purchasing a recurring subscription, you authorise us to store and continue billing your designated payment method (e.g., credit card) to ensure uninterrupted access to the Services. Taxes payable by you will be calculated based on the billing information provided at the time of purchase. We reserve the right to modify our subscription plans, adjust pricing for the Services, or change payment terms at our sole discretion and at any time. Price changes or modifications to your subscription plan will take effect after reasonable notice is provided, unless otherwise specified in these Terms. Subscriptions must be paid in accordance with the payment terms in effect at the time they become due. Payment can be made using credit cards, debit cards, Apple Pay, or other available payment methods. Subscriptions will not be processed until full payment has been received, and any holds on your account by other payment processors are solely your responsibility.

2.4. No Subscription Refunds. Unless expressly stated otherwise in these Terms, payments made for subscriptions to the Services are non-refundable, and no credits will be provided for partially used periods. However, following a cancellation by you, access to the paid Services will continue until the end of the subscription period for which payment has already been made.

3. Orders for Products and/or Services

3.1. Purchase and Payment Information. The Services may offer you the opportunity to purchase various products or services, including third-party products or services, through the Services ("Offerings"). By making a purchase of Offerings, you acknowledge and confirm that the information you provide, such as credit card details, PayPal information, or other payment information, is accurate, current, and complete. You represent and warrant that you have the legal authority to use the payment method provided to us or our payment processor, including any credit card used during the transaction. We reserve the right, at our sole discretion and with or without prior notice, to (a) discontinue, modify, or restrict the availability of any Offerings, and (b) refuse any user from purchasing Offerings or delivering them to a user or designated address. When purchasing Offerings, you (a) agree to pay the price specified in the applicable Service, as well as any shipping and handling charges and applicable taxes associated with your purchase (collectively, the "Full Purchase Amount"), and (b) authorize us to charge your credit card or other payment method for the Full Purchase Amount. Unless otherwise specified, all currency references are in Euros (€). All fees and charges are payable in accordance with the payment terms in effect at the time the fee or charge becomes due. Payment can be made using credit cards, debit cards, or other payment methods that we may make available. Orders will not be processed until full payment has been received, and any holds on your account by payment processors are solely your responsibility.

3.2. Promotional Codes. From time to time, we may provide promotional codes, referral codes, discount codes, coupon codes, or similar offers ("Promotional Codes") that can be redeemed for discounts on future Offerings or other features or benefits related to the Services, subject to any additional terms established by the company. You agree to use Promotional Codes in a lawful manner, for their intended audience and purpose. Promotional Codes may not be duplicated, sold, transferred, or made available to the general public unless expressly permitted by the company. The company reserves the right to disable or impose additional conditions on Promotional Codes at any time without liability. Promotional Codes must be used in accordance with the specific terms set by the company, have no cash value, and may expire prior to use.

3.3. Gift Cards. We may offer tangible and/or digital gift cards ("Gift Cards") that can be used to purchase Offerings. You acknowledge that the company does not provide warranties for your Gift Card balance and is not responsible for any unauthorized access, alteration, theft, or destruction of a Gift Card or its code resulting from your actions or actions of third parties. The company may suspend or prohibit the use of a Gift Card if it is reported lost, stolen, or suspected of fraudulent or unauthorized use. If a Gift Card code ceases to function, the company's only obligation is to issue a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant that its use will comply with these Terms and applicable laws, and that it will not be used in a misleading, deceptive, unfair, or harmful manner. Gift Cards cannot be used to purchase other gift cards, resold, used for unauthorized purposes, redeemed for cash, or returned for a cash refund (except as required by law). Gift Cards do not expire, and the company does not assess service or dormancy fees.

3.4. Changes and Pricing. The company reserves the right to revise or change the pricing, availability, specifications, content, descriptions, or features of any Offerings at any time. While we strive for accuracy in our Offering descriptions, we do not guarantee their completeness, reliability, currentness, or error-free nature. The availability of Offerings at a given time does not imply that they will be available at other times. We may change the prices for Offerings displayed on the Services and correct pricing errors, including canceling orders at our discretion if purchased with pricing errors. Such changes take effect immediately upon posting or notifying customers of the updated prices or pricing errors.

3.5. Order Acceptance and Shipment. Upon receiving your order for an Offering, we will provide an order confirmation, but it does not indicate our acceptance of your order or constitute confirmation of our offer to sell. We reserve the right to accept or decline your order for any reason and at our sole discretion. If we cancel an order after billing, we will refund the billed amount. The title and risk of loss for physical product purchases transfer to you upon delivery to our carrier. We may ship partial orders at no additional cost, and charges for partially shipped orders may be applied at the time of shipment. All orders are shipped through third-party couriers, and tracking availability may vary. While we strive to schedule deliveries for specified arrival times, we cannot guarantee delivery on specific dates or times.

3.6. No Returns, Refunds, or Exchanges. All Services are non-refundable and not eligible for returns or exchanges.

3.7. No Delivery to Children. Users are prohibited from providing personal information of individuals under the age of 13 to the company for delivery, shipping, or any other purposes.

4. Location of Our Privacy Policy

4.1. Privacy Policy. Our Privacy Policy governs the handling of the information you provide when using the Services. To understand our approach to privacy, please refer to our Privacy Policy.

4.2. House Rules. The House Rules, which are an integral part of your experience trip at a Nomad Stay property, outline the guidelines you must follow. They are incorporated into these terms by reference.

5. Rights We Grant You

5.1. Grant of Service Usage. We grant you permission to use the Services for personal non-commercial purposes, on the condition that you comply with these Terms. If we provide you with any software, content, or materials as part of the Services, you are granted a non-exclusive, non-transferable, non-assignable, non-sublicensable, and personal right and license to access and use those materials solely for the purpose of using the Services as permitted by these Terms. Your access to and use of the Services may be occasionally interrupted for reasons such as equipment malfunction, maintenance, or other actions determined at our sole discretion.

5.2. Restrictions on Service Usage. Unless prohibited by applicable laws or with our written permission, you may not engage in the following activities in connection with your use of the Services:

(a) Download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information obtained from the Services, except for temporary files cached by your web browser or as expressly permitted in these Terms.

(b) Duplicate, decompile, reverse engineer, disassemble, decode, or attempt any of the aforementioned actions to the Services or its underlying ideas or algorithms.

(c) Use, reproduce, or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on the Services.

(d) Use unauthorized third-party software or modifications (mods) to automate or modify the Services.

(e) Exploit the Services for any commercial purpose, including advertising or solicitation.

(f) Overburden, disrupt, or impair the Services or interfere with other users' access to or use of the Services.

(g) Attempt to gain unauthorized access to, interfere with, or disrupt the Services, other users' accounts, or the connected computer systems or networks.

(h) Circumvent, remove, alter, deactivate, degrade, or evade any technological measures or content protections of the Services.

(i) Use any automated device, software, or process to extract information from the Services or engage in manual processes with the same purpose.

(j) Introduce viruses, trojan horses, worms, logic bombs, or any other malicious or harmful materials to our systems.

(k) Submit, transmit, display, or store any inaccurate, unlawful, defamatory, obscene, lewd, violent, pornographic, harassing, threatening, abusive, inflammatory, harmful, hateful, cruel, deceptive, or objectionable content through the Services.

(l) Consume alcohol or furnish alcohol to anyone under 21 years of age in connection with the Services.

(m) Consume illegal drugs or substances in connection with the Services, as defined by applicable law.

(n) Violate any House Rules.

(o) Violate any applicable laws or regulations in connection with your use of the Services.

(p) Access or use the Services in any manner not expressly permitted by these Terms.

6. Ownership and Content

6.1. Ownership of Services.
The Services, including their appearance, content, and materials, are protected by copyright, trademark, and other intellectual property laws. We and our licensors own all rights to the Services, and you agree not to take any action contrary to our ownership. We reserve all rights to the Services and their content, including the exclusive right to create derivative works.

6.2. Ownership of Trademarks.
Our name, logos, and related trademarks on the Services are owned by us or our affiliates or licensors. Other names and trademarks appearing on the Services belong to their respective owners, who may or may not be associated with us.

6.3. Ownership of Feedback.
Any feedback or suggestions you provide regarding the Services become our sole property, and we may use and disclose them without further notice or compensation to you. You assign all rights, including intellectual property rights, in the feedback to us.

6.4. License for Your Content.
By using the Services, you grant us a license to access, use, and modify your content as necessary to provide the Services. This license is royalty-free, transferable, and irrevocable. Other users may comment on or use your content within the Services, except for privately posted content. We have the right to remove, edit, or delete your content at our discretion. You represent that you have the necessary rights and permissions to grant this license for your content.

6.5. Copyright Infringement Policy.
If you believe that any materials on the Services infringe your copyright, you can submit a notification to our copyright agent. We may disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights.

7. Third Party Services and Materials

7.1. Use of Third Party Materials in the Services.
The Services may incorporate or provide access to content, data, information, applications, or materials from third parties ("Third Party Materials") or links to third-party websites. By using the Services, you acknowledge and agree that the Company is not responsible for evaluating or verifying the content, accuracy, availability, legality, copyright compliance, or any other aspect of such Third Party Materials or websites. We do not endorse or warrant the third-party services, Third Party Materials, or third-party websites, nor do we assume any liability for them. The inclusion of Third Party Materials and links to other websites is solely for your convenience.

8. Disclaimers, Limitations of Liability and Indemnification

8.1 Disclaimers.
Your use of the Services and Properties is at your own risk. The Company Entities do not guarantee the accuracy, availability, security, or reliability of the Services. They are provided on an "AS IS" and "AS AVAILABLE" basis. The Company Entities disclaim all warranties and conditions, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. They are not responsible for any harm to your computer system, loss of data, or other damages resulting from your use of the Services. The Company Entities also disclaim liability for any content created, uploaded, or stored by users or third parties on the Services. You may be exposed to offensive or inappropriate content for which the Company Entities are not responsible.

8.2 Limitations of Liability.
The Company Entities shall not be liable for any damages, including indirect, special, exemplary, or consequential damages arising from your use of the Services, even if they have been advised of the possibility of such damages. Their total liability to you shall not exceed one hundred euros (€100.00) or the amount you paid for the Services in the past six (6) months, whichever is greater. Some jurisdictions in Barcelona may not allow the exclusion or limitation of certain damages, so these limitations may not apply to you.

8.3 Indemnification.
By using the Services, you agree to defend, indemnify, and hold the Company Entities harmless from any claims, damages, losses, liabilities, and expenses arising from your violation of these Terms, infringement of third-party rights, misuse of the Services, or negligence. The Company has the right to control any legal action or settlement related to such claims, and you agree to cooperate fully.

9. Arbitration and Class Action Waiver

9.1 Initial Informal Dispute Resolution. In the event of a dispute between you and the Company Entities, you agree to initiate contact with the Company and make a good faith effort to resolve the dispute through informal means before pursuing formal resolution, including court action. This Arbitration Agreement is governed by Spanish law.

9.2 Arbitration Agreement. Following the informal dispute resolution process, any remaining dispute, controversy, or claim (referred to as "Claim") related to your use of the Company's services and/or products, including the Services, will be resolved through arbitration, except as otherwise specified. You and the Company agree that the Claim will be settled through final and binding arbitration, conducted in Spanish, following local arbitration rules in Barcelona. The arbitration will be conducted by a single arbitrator in accordance with these rules. The arbitration award may be entered as a judgment in any court with jurisdiction in Barcelona. You have the right to participate in the arbitration via telephone, videoconference, or in-person hearing in Barcelona.

9.3 Waiver of Class Actions and Class Arbitrations. Both you and the Company agree that Claims can only be brought on an individual basis and not as a plaintiff or class member in any purported class or representative proceeding. Consequently, an arbitrator shall not combine or consolidate multiple parties' Claims without the written consent of all affected parties. This provision applies to class arbitrations unless all affected parties provide written consent.

9.4 Arbitration Costs. The payment structure for the arbitration process will adhere to the local arbitration rules of Barcelona. If the value of your claim does not exceed €10,000, the Company will cover reasonable filing, administrative, and arbitrator fees associated with the arbitration, unless the arbitrator determines that your claim or relief sought was frivolous or brought for an improper purpose. You are also responsible for any additional costs incurred during the arbitration, including attorney fees and expert witness fees.

9.5 Opt-Out Option. You have the right to opt-out and not be bound by the arbitration and class waiver provisions stated in these Terms. To exercise this right, you must send written notice of your decision to opt-out to Legal@nomadstay.com or the mailing address provided in the "How to Contact Us" section of these Terms. The notice must be sent to the Company within thirty (30) days of your registration to use the Services or agreement to these Terms. The notice should include your name and mailing address. Failure to opt-out within the specified timeframe will result in your agreement to arbitrate disputes in accordance with these Terms. If you opt-out, the Company will not be bound by the arbitration provisions.

9.6 Exceptions. Despite anything in these Terms to the contrary, you may assert your Claim in local courts if it qualifies, remains solely within that court, and is pursued on an individual, non-representative, and non-class basis. Additionally, you and the Company retain the right to seek injunctive or other equitable relief in a court of proper jurisdiction in Barcelona if the Claim pertains to intellectual property infringement or misappropriation.

10. Additional Provisions

10.1 SMS Messaging and Phone Calls. We may contact you via telephone or text messages for various purposes related to your use of Nomadstay.com. You consent to receiving these communications and can opt out at any time by replying with "STOP" or contacting Legal@Nomadstay.com.

10.2 Updating These Terms. We may modify these Terms, and it's your responsibility to review any changes. Updated Terms become effective upon posting, and your continued use of the Services constitutes acceptance of the modified Terms.

10.3 Termination of License and Your Account. Breach of these Terms automatically terminates all licenses granted by Nomadstay.com. We reserve the right to suspend, disable, or delete your Account and/or Services without notice, for any reason. Certain provisions survive termination.

10.4 Injunctive Relief. Breach of these Terms may result in irreparable harm, and we may seek equitable relief in addition to other remedies, in accordance with Spanish law.

10.5 Residents of Catalonia. Residents of Catalonia can report complaints to the Catalan Consumer Agency (Agència Catalana del Consum).

10.6 Miscellaneous. If any provision of these Terms is deemed unenforceable, it will not affect the validity of the remaining provisions. The Services are operated from Spain, and accessing them from other locations is subject to local laws. These Terms are governed by the laws of Spain, and any disputes will be resolved in the designated arbitration venue or the courts in Barcelona, Spain.

10.7 How to Contact Us. You can reach us regarding the Services or these Terms at Legal@Nomadstay.com.

11. Eviction, Criminal Prosecution and Related Remedies for Unauthorized Use, Fraud and Other Misconduct or Violation of Certain Terms and Conditions and Policies

11.1 Eviction from the Property and Criminal Prosecution.
The guest acknowledges that Nomadstay.com ("Nomad Stay") reserves the right to evict any guest from the property and terminate the existing rental agreement, without providing any credits or refunds, under the following circumstances: misrepresentations made during the booking process or in the rental agreement, use of fraudulent payment or identification methods, failure to vacate the premises upon the agreed rental term's conclusion, or any other violation of the Terms of Service, Good Neighbor Policy, Booking Policy, House Rules, and Tesla Policy. In the event that the guest gains access to the property through false pretenses, including but not limited to credit card fraud or impersonation, such actions will be considered criminal trespass and theft of services. Nomad Stay will pursue legal action to the fullest extent permitted by law. Nomad Stay retains the right to evict the guest from the property for any violations of the aforementioned policies, and if necessary, involve law enforcement to enforce eviction and press appropriate criminal charges. Furthermore, please note that if law enforcement is summoned to the property for any reason, Nomad Stay reserves the right to immediately evict the guest from the premises.

12. Data deletion Instructions

In accordance with applicable laws and regulations, we will undertake the deletion or anonymization of personal information when it is no longer necessary for its original purpose or upon receiving a request from the individual to whom the data pertains. To initiate the deletion of your account and the associated personal data, please access your profile within the Mobile App and select the "Delete your account" option. If you encounter any difficulties during this process, please contact us at hello@nomadstay.com. It is important to note that certain data may be required to be retained for legal or regulatory purposes. In such instances, we will ensure that the data is securely stored and treated with confidentiality. By utilizing our services, you consent to our instructions regarding data deletion and acknowledge our commitment to complying with all relevant data protection regulations.

Terms - Nomad Stay